State v. Berry
2014 Ohio 132
Ohio Ct. App.2014Background
- Berry pleaded guilty to Theft from an Elderly Person and two Theft counts; five Receiving Stolen Property counts were dismissed.
- The trial court indicated the offenses were allied; State elected to proceed on Theft from an Elderly Person.
- Court discussed Crim.R. 11, explained rights, and advised possibilities of prison or community control.
- At sentencing, Berry learned the court would impose a one-year prison term rather than probation.
- Berry moved to withdraw his plea at sentencing; trial court denied the motion after hearing evidence.
- Judgment sentenced Berry to one year in prison and ordered restitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court abuse its discretion in denying withdrawal? | Berry | Berry | No abuse; no manifest injustice shown |
| Did the court err by disapproving IPP without adequate factual basis? | Berry | Berry | IPP disapproval reversed for lack of explicit findings |
| Was the transfer to transitional control prematurely disapproved? | Berry | Berry | Premature disapproval corrected on remand |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (post-sentence withdrawal requires manifest injustice standard)
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (pre-sentence withdrawal requires hearing and discretion)
- State v. Fish, 104 Ohio App.3d 236 (1st Dist. 1995) (lists factors for pre-sentence withdrawal review)
- State v. Allender, 2012-Ohio-2963 (2d Dist. Montgomery) (requires specific factual findings for IPP disapproval)
- State v. Bates, 2012-Ohio-6039 (2d Dist. Montgomery) (remedy for premature transitional-control disapproval)
- Jackson v. State, 2006-Ohio-3994 (5th Dist. Knox) (insufficient IPP findings not fatal if reasons exist in record)
- State v. Blessing, 2013-Ohio-392 (2d Dist. Clark) (sentencing statements without explicit IPP reasoning inadequate)